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(영문) 수원지방법원안산지원 2019.08.22 2018가합10903
건물 철거 등
Text

1. The Plaintiff:

A. Defendant B and Defendant C shall remove each of the buildings listed in [Attachment 1] Nos. 4 and 6 of [Attachment 1] and 1.

Reasons

1. Determination

A. In full view of the overall purport of each entry and pleading by Gap evidence Nos. 1 through 5 (including branch numbers), the plaintiff owned each parcel of land listed in paragraphs 1 and 2 of the attached Table Nos. 1, and the defendant B and C owned each one/2 of each building listed in paragraphs 4 and 6 of the attached Table Nos. 1, and among each parcel of land listed in paragraphs 1 and 2 of the attached Table Nos. 1, 3, 4, 9, 10, 11, 12, 12, 13, 26, and 3 of the attached Table Nos. 1,098 square meters of the land of the building listed in paragraph (3) of the attached Table No. 1 (hereinafter "the part occupied by defendant B and C"), and the fact that the defendant D owned the attached Table No. 13 and the building occupied the attached Table No. 5 can be recognized.

According to the above facts, barring special circumstances, Defendant B and Defendant C have the duty to remove each of the buildings listed in [Attachment 1] Nos. 4 and 6 of [Attachment 1] and deliver the part of the possession of Defendant B and C, Defendant D has the duty to remove the buildings listed in [Attachment 1] No. 3 and deliver the land, and Defendant E has the duty to withdraw from the buildings listed in [Attachment 1] No. 5].

B. As to this, the Defendants asserted that Defendant B and C built a new building owned by Defendant B and C with the Plaintiff’s permission before birth, and Defendant B and C donated the above building from F, and thus, they exercised the right to demand purchase of the above building, which is a ground object. However, there is no evidence to prove that F built the above building with the Plaintiff’s permission. Accordingly, the above assertion is rejected.

C. Therefore, Defendant B and Defendant C remove each building listed in the separate sheet Nos. 4 and 6 of the separate sheet Nos. 1 and deliver each part of the building to Defendant B and C, and Defendant D remove the building listed in the separate sheet No. 3 of the separate sheet No. 1.

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